Item N19BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2008
Bulk Item: Yes X No
Division: County Attorney
Department: County Attorney
Staff Contact Person: Cynthia Hall
AGENDA ITEM WORDING: Approval to file Petition for Writ of Certiorari in the Third District
Court of Appeal, to review a decision of the Circuit Court in the case of Mattson v. Monroe County.
ITEM BACKGROUND: In October 2007, the Special Magistrate found the property owners to be in
violation of Monroe County's floodplain management ordinance by having an illegal lower enclosure
below their home. The property owners filed a Notice of Appeal in the Circuit Court in November
2007. On March 10, 2008, the Circuit Court issued an order allowing the property owners to stay the
appeal and file a complaint within the appeal, alleging that Monroe County's floodplain ordinance is
unconstitutional. The County Attorney's Office believes that Florida law does not allow for the filing
of a complaint within an appeal and the ruling could be used by other counsel as precedent to file
complaints within their appeals in other Code Enforcement actions. This could have the effect of
unnecessarily delaying the code enforcement appellate process. The County Attorney's Office
therefore recommends filing a Petition for Writ of Certiorari, to ask the Third District Court of Appeal
to opine on whether correct procedure was followed.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $300
COST TO COUNTY: 300
BUDGETED: Yes xx No
SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing _ Risk Management
DOCUMENTATION: Included _ To Follow Not Required
DISPOSITION: AGENDA ITEM #